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V2224-23 27 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Allocation of assets exceeding ownership share results in capital gain or loss

A co-owner of a property intends to dissolve the co-ownership by acquiring the entire asset and financially compensating the other owners. The DGT indicates that if the allocation exceeds a co-owner's ownership share, it constitutes a change in assets that generates a capital gain or loss.

The question raised

Taxation of the operation under Personal Income Tax.

The DGT's ruling

The dissolution of a community of property does not constitute an asset alteration if the allocation corresponds to the ownership share. However, if assets are allocated at a value higher than the corresponding share, an asset alteration exists that generates a capital gain or loss. This result is determined by the difference between the acquisition and transfer values, regardless of whether there is cash compensation or whether the dissolution is total or partial.

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